Commonwealth Trust Co. v. Pittsburgh Railways Co.

Superior Court of Pennsylvania

Commonwealth Trust Co. v. Pittsburgh Railways Co.

43 A.2d 559, 157 Pa. Super. 543

CourtSuperior Court of Pennsylvania

DecidedApril 20, 1945

DocketAppeal, 96

StatusPublished

This text of 43 A.2d 559 (Commonwealth Trust Co. v. Pittsburgh Railways Co.) is published on Counsel Stack Legal Research, covering Superior Court of Pennsylvania primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Commonwealth Trust Co. v. Pittsburgh Railways Co., 43 A.2d 559, 157 Pa. Super. 543 (Pa. Ct. App. 1945).

Pincite

Opinion

Per Curiam,

In this action in trespass brought under the Wrongful Death Acts of April 15, 1851, P. L. 669, 12 PS 1601, and April 26, 1855, P. L. 309, 12 PS 1602, the jury awarded the administrator of the estate the sum of 81,000. The funeral bill was 8H9.90. Plaintiff filed a motion for a new trial on the sole ground that the verdict was inadequate. The motion was overruled.

The deceased was approximately 64 years of age. The action was brought on behalf of his widow and two daughters, one aged 44. and the other aged 42, all of whom are living in Greece. In overruling the motion for a new trial, the learned court said: “The jury could have very properly come to the conclusion that there was not sufficient evidence to show that the decedent . . . was contributing to any degree for their support and maintenance. This properly accounts for the size of the verdict.” We find no abuse of discretion on the part of the learned court.

The judgment is affirmed.

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Per Curiam,

In this action in trespass brought under the Wrongful Death Acts of April 15, 1851, P. L. 669, 12 PS 1601, and April 26, 1855, P. L. 309, 12 PS 1602, the jury awarded the administrator of the estate the sum of 81,000. The funeral bill was 8H9.90. Plaintiff filed a motion for a new trial on the sole ground that the verdict was inadequate. The motion was overruled.

The deceased was approximately 64 years of age. The action was brought on behalf of his widow and two daughters, one aged 44. and the other aged 42, all of whom are living in Greece. In overruling the motion for a new trial, the learned court said: “The jury could have very properly come to the conclusion that there was not sufficient evidence to show that the decedent . . . was contributing to any degree for their support and maintenance. This properly accounts for the size of the verdict.” We find no abuse of discretion on the part of the learned court.

The judgment is affirmed.

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Bluebook (online)

43 A.2d 559, 157 Pa. Super. 543, Counsel Stack Legal Research, https://law.counselstack.com/opinion/commonwealth-trust-co-v-pittsburgh-railways-co-pasuperct-1945.